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Category Archives: Gila County Superior Court Victories

FELONY IMPERSONATING a POLICE OFFICER DISMISSED – State v. Mr. H (DMC No. 7872) (Gila County Superior Court CR2007-713) Mr. H and a White Mountain Police Department Sergeant owned a dog breeding business together. At the behest of the Sergeant, Mr. H attempted to sell trained K-9’s to the White Mountain Police Department. He had identified himself in the paperwork he filled out that he was a Police Officer with the Maricopa County Sheriff’s Office. In reality, he was only a Volunteer Posse Member. His partner, the Sergeant, was subsequently terminated from the White Mountain Police Department. Mr. H was charged with felony Impersonating a Police Officer per Arizona Revised Statute ARS 13-2411(A).

We were able to convince the Prosecutor that this was really his partner’s idea. The paperwork was also filled out by the former Sergeant. The Sergeant had convinced Mr. P that his Posse status was the same as being a POST Certified Police Officer. Eventually, the Prosecutor dismissed all charged against Mr. H.

REDUCED | POSSESSION of MARIJUANA (with 2 prior felonies) REDUCED to class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 6642) (Gila County Superior Court CR2006-0322): Mr. S. was pulled over in a vehicle with several passengers, when the officer noticed a strong odor of marijuana.  Mr. S. was asked about drugs, and he admitted to having marijuana on his possession.  He also had a prior felony conviction in which he had served 2 ½ years in prison. The client asked specifically to speak with his attorney, but the police did not immediately comply.  Due to this potential “denial of right to counsel issue”, we were able to reduce the case to a class 6 open “possession of drug paraphernalia” with probation and zero days in jail.  Upon completion of probation, the case was designated a misdemeanor.  Originally Mr. S. was facing a minimum of 4.5 years in prison.

VEHICULAR AGGRAVATED ASSAULT (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR ENDANGERMENT and EXTREME DUI with 10 DAYS JAIL – State v. Mr. B. (DMC No. 4290) (Gila County Superior Court CR2003-0510): Mr. B. was involved in a collision at the U.S. 60 and 188 Junction. The other driver and his passenger suffered severe whiplash. Mr. B. was subsequently arrested for DUI and provided a .235 BAC. He was charged with “vehicular aggravated assault” and “endangerment” along with extreme DUI. We were able to convince the Prosecutor to reduce the vehicular aggravated assault charges (which carried 5 to 15 years each) down to an endangerment class 6 open. After probation was complete, the endangerment became designated as a misdemeanor. There is no felony on Mr. B.’s record.

REDUCED | Child Molestation, State v. Mr. S. (DMC #7292) (Gila County Superior Court No. CR2007-0195): Mr. S. was 16 years old and was accused of trying to fondle an 11 year old and a 9 year old while on various field trips with a counseling group for disturbed teenagers. Although Mr. S. was only 16, he was charged as an adult. Because he was charged with 2 Counts of Child Molestation, he was facing a minimum of 20 years in prison. We were able to show that he had a disturbed mental state, and had a high level of mitigation and family support. We ultimately were able to reduce the initial plea from 10 years in prison to probation with 1 year in jail.

(Gila County Superior Court No. 97-675CR): Mr. A. and numerous co-defendants were charged with meeting the victim at a casino and then going back to his residence where they shot to death with a shotgun and robbed him. We were able to present numerous issues showing that Mr. A. did not know this crime was going to turn into a homicide. Additionally, the State’s physical evidence fell apart when they were attempting to match a footprint on a door to Mr. A. We eventually negotiated a plea agreement to Burglary with 3.5 years in prison. The shooter received 25 years to life.

REDUCED | CHILD MOLESTATION – (2000830CR): Mr. S. was accused of fondling his 13 year old step-daughter. He was facing 10 to 24 years in prison. During the course of the case, it was revealed that Mr. S. had gone camping with his stepchildren and had been drinking heavily. When this incident occurred, the victim indicated it appeared that he was half asleep and stuperous which he was touching her. We were able to negotiate a plea to Attempted Aggravated Assault, which included probation and 6 months in jail with work release.

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